According to research by the Children's Defense Fund, almost 93,000 of Alabama's children are being brought up by their grandparents—and the number increases when we consider the number of children who are under a grandparent's care part-time. Here, we'll offer a general guide to grandparent adoptions in the state of Alabama.
Adoption in Alabama
In Alabama, a child can be adopted if the parents have been stripped of their rights. Per state law, birth parents can consent to an adoption before or after a child's birth. Presumed fathers, regardless of actual paternity, must also consent to the adoption if they were married to the child's mother or the child was born within 300 days of the date the marriage ended.
Alleged fathers must offer consent if they respond to the adoption notice within 30 days. Consent must be written, signed by the parent, and witnessed by a notary public or a judge. However, it can be withdrawn up to five days after signing or the child's birth, whichever happens last. A child over the age of 14 must also consent to a grandparent adoption unless they lack the mental acuity to agree.
Reasons for Grandparent Adoptions in Alabama
Grandparents in Alabama raise and care for their grandchildren under various circumstances, including:
- The children being unofficially left in their care
- Voluntary granting of guardianship
- Placement by a state welfare agency
- Disability or death of a parent
- A parent's drug or alcohol addiction
- Abandonment
- A parent's long-term incarceration
While such arrangements often provide a short-term solution, it's usually in a child's best interest for a grandparent to adopt them.
A legal adoption permanently gives grandparents the right to provide for a child's care, including the authority to make decisions about their healthcare, religious upbringing, and education. Adoption also sends a message to children from unstable and unhappy homes: that their grandparents will always be there for them.
Notifying Parents in Adoption Cases
Under almost all circumstances, living parents of children who are subject to adoption petitions must receive a copy of the paperwork and a chance to respond. There are some exceptions to the rule, including those who have lost their parental rights, those who cannot give legal consent, and those who have voluntarily signed their rights away.
While adoptions typically proceed faster and more smoothly if the child's parents agree and sign consent forms, grandparents in Alabama can sometimes file petitions even when a parent objects. To get accurate information on whether your specific circumstances would allow for a successful adoption without parental consent, seek advice from an adoption attorney in Cullman.
How Long Do Grandparent Adoptions Take?
In most cases, grandparent adoptions in Alabama take approximately 75 days to finalize. For adoptions by non-relatives, an extensive home study will add two to three months to the timeline.
Is It Wise for Grandparents to Adopt Their Grandchildren?
Grandparents must consider several factors before adopting their grandchildren. An adoption will change the structure of the family, making the child's birth parent their legal sibling. Parental ties between biological parents and children are severed, and legal rights are permanently relinquished.
These facts can, understandably, cause trouble within a family. Older children are likely to be overwhelmed and confused by their changing circumstances, and these situations often do lasting damage to grandparents' relationships with their adult children (the child's birth parents). With that in mind, there are certain benefits to grandparent adoptions in Alabama, including:
- Giving a child the stability they deserve.
- Severing legal ties between children and unfit parents.
- Taking over childrearing after the death of both birth parents.
- Giving grandchildren stronger inheritance rights.
Local agencies typically offer counseling and support services to grandparents considering adoption. We recommend that you take advantage of such services to ensure that legal adoption is the right step for your family. Our attorneys will set forth all your options and help you make an informed decision.
Alabama State Law Makes Grandparent Adoptions Simpler
Like adoptions by stepparents, grandparent adoptions are simpler and not as time-consuming as other legal adoption cases. The state's special relative adoption rules apply to grandparents, as well as:
- Great grandparents
- Uncles
- Aunts
- Siblings
- Half-siblings
If the adopting grandparent is married, their spouse can also sign the adoption papers. The most substantial difference between grandparent adoptions and those undertaken by non-relatives is that these cases do not always require in-depth investigations. However, this stipulation applies only when a child has already lived with the grandparent for at least a year, unless good cause can be shown.
How an Alabama Adoption Attorney Can Help Grandparents
While legal counsel is not a requirement for a successful adoption, it can be beneficial for grandparents to have professional guidance throughout the process. If you're adopting a grandchild, working with an attorney will keep you in compliance with state law. Our firm can:
- Help you decide whether adoption is the right choice.
- Explain the state's adoption law.
- Prepare your family for the process.
- Obtain signatures on consent forms.
- Handle court filings.
- Provide courtroom representation.
Although grandparent adoptions in Alabama are somewhat easier than non-relative adoptions, certain guidelines and procedures must be followed. These processes can be tough for grandparents to perform on their own, which is why we recommend hiring a local adoption attorney.
Working With Us
While we believe that, in most cases, children belong with their biological parents, that's not always possible. When birth parents are unwilling or unable to properly care for their children, grandparents often step in. An Alabama adoption allows grandparents to gain the practical and legal right to care for their grandchildren the way they see fit.
When you're ready to become a grandchild's legal parent, the Kilgo Law Firm can provide valuable insights and information while ensuring that the case goes through without procedural errors and oversights that decrease the chances of success. Learn more about the adoption process by filling out our online form or call us now to request a consultation.